Where the debtor makes proposals for a private sale, the distrainor creditor who accepts the said
proposals shall, by registered mail with acknowledgement of receipt or by any other means with
written proof, notify the contents of the said proposals to the creditors who had previously carried
out protective attachments on the property, before the act of attachment or before the instrument
of conversion, as the case may be. Under pain of nullity, the mail or other means used shall
reproduce in bold characters the three paragraphs below.
Each creditor shall, within a period of fifteen (15) days of receipt of the information by registered
mail or by any other means, take a decision on the proposals of the private sale and inform the
distrainor creditor of the nature and amount of his claim.
Where there is no reply within the prescribed delay, the creditor shall be deemed to have agreed
to the proposals of sale.
Where, within the same time limit, the creditor does not give any information on the nature and
amount of his claim, he shall lose the right to a share in the proceeds from the private sale, unless
he asserts his claim on the balance of the proceeds after the distribution, if any.
Official translation
Spot-checked
In force from 10 April 1998
Source page 24
Section 75 of the Acte uniforme portant organisation des procédures simplifiées de recouvrement et des voies d'exécution/akn/ohada/act/loi/undated/aupsrve-1998